logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.24 2016고정1447
일반교통방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is an employee of the Seoul Urban Railroad Corporation and the head of the DSeoul Urban Railroad Labor Group E-On Board.

1. At around 16:00 to 20:00 on November 14, 2015, the Defendant: (a) occupied and driven without permission a two-way lane from the 3rd distance to the 8rd distance between Jongno-gu, Jongno-gu, Seoul, along with the participants of other assemblies and demonstrations, such as DSeoul Urban Railroad Labor Group, to which the Defendant belongs; (b) the Defendant continued to occupy the two-way lanes without permission, and continued to occupy the two-way lanes from the 3rd distance to the 8rd distance between Jongno-gu, Jongno-gu, Jongno-gu, Seoul; and (c) the Defendant continued to hold the unlawful assembly and demonstration.

Accordingly, the defendant, in collusion with many unspecified participants of the demonstration, occupied the road without permission and obstructed the traffic of the road by holding an illegal assembly or demonstration.

2. The Defendant, in violation of the Assembly and Demonstration Act, illegally occupies an exclusive road lane at the time and place specified in paragraph (1) and conducted an illegal assembly demonstration, was ordered six times in total, including the first dispersion order, the first dispersion order, the second dispersion order at around 17:36 on the same day from the guard of the Seoul Guro Police Station and the second dispersion order at around 17:48, the third dispersion order at around 18:01, the fourth dispersion order at around 18:12, the fourth dispersion order at around 18:5, the fifth dispersion order at around 19:29, the sixth dispersion order at around 19:29.

In such a case, even though all participants should be dissolved without delay, the defendant did not dissolve.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording record of the dispersion order;

1. Each documentary photographic image;

1. Application of Acts and subordinate statutes as a result of the video CD reproduction;

1. Article 185 of the Criminal Act and Articles 185 and 30 of the Criminal Act, Article 24 subparagraph 5 of the Assembly and Demonstration Act, Article 20 (2) of the Criminal Act, Article 30 of the Criminal Act and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

arrow